Tenancy by the Entirety Flashcards
1
Q
How do you create a Tenanacy by the Entirety?
A
Through marriage w/ the ROS.
2
Q
Define TBE.
A
A tenancy between married partners w/ ROS.
3
Q
In states that recognize TBE, it arise presumptively in any grant to _____ _____, unless stated otherwise.
A
Married partners.
4
Q
What pneumonic to use for TBE?
Why? (2)
A
Can’t touch this
Creditors of one spouse can’t touch the tenancy.
Neither tenant, acting alone, transfer to a 3rd party.
5
Q
Tony and Carmella are married and own Blackacre as TBEs. Tony then secretly transfers his interest to Uncle Junior. What does UJ have?
A
Nothing. The unilateral transfer is no good.
